A.D. 1877. Enforcement of mortgage. Proviso. Debt and mortgage company for the said sum of fifteen thousand dollars without the registering or recording of such mortgage and notwithstanding any prior legal or equitable mortgage thereon. 5. Provided, always, that such debt and mortgage shall not be enforced until the said Minister of Mines shall have certified under his hand and seal to the said Attorney-General that the company so receiving such money have been recouped out of the proceeds of the mine the moneys following, that is to say, the actual expenses of locating, prospecting and working the mine. 6. Provided, that if the company so receiving such privilegeshall not observe the provisions of section 103 of the "Gold Mining Ordinance, 1867," and allow at all times all officers of the Government of British Columbia duly appointed therefor by the Government to inspect the books of the company, they shall not be entitled to the benefit of the preceding clause. 7. The said debt and mortgage shall be and be deemed to be to be extinguished extinguished whenever the Government of British Columbia shall be repaid the said sum of fifteen thousand dollars. on re-payment of moneys. Lieutenant-Govern or may engage services of skilled miner. Fees. Company to facilitate crushing of quartz sent by prospectors. Short Title. 8. It shall be lawful for the Lieutenant-Governor in Council to engage the services of a person skilled in gold and silver quartz mining, to reside in Cariboo. 9. No fee or sum of money whatsoever shall be payable to the Government upon the transfer of any interest or share in a company. 10. The company shall, as far as possible, give every facility for the crushing or working of quartz sent to them by prospecting parties, and without any other charge for working and crushing such quartz than will cover the actual cost of material and labour expended therein. 11. This Act may be cited as the "Quartz Act, 1877." CHAP. 125. An Ordinance to facilitate the working of Mineral Lands. [10th March, 1869.] WHEREAS it is expedient to develop the resources of the Colony by affording facilities for the effectual working of silver, lead, tin, copper, coal, and other minerals, other than gold : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: A.D. 1869. [As to all the Province, except Caritoo District. See Chap. Preamble. 1. Every person, or association, or company of persons whomso- Mineral lands open ever, shall be free to enter and explore for silver and all the baser for mining. metals and minerals (exclusive of coal), in and under the mineral lands hereinafter defined, subject nevertheless to the provisions and conditions of this Ordinance, and any other regulations affecting the acquisition and tenor thereof, which may from time to time hereafter be prescribed by law. 2. Every person, association of persons, or company, desirous of Prospecting licence acquiring a mine or mining claim under this Ordinance, shall, for two years. before entering into possession of the particular part of the said mineral lands he or they may wish to acquire and work for minerals, make application in writing to the Assistant Commissioner of Lands and Works for the district within which the land required is situate, for a prospecting licence over such land, for any term not exceeding two years from the date of such application. tion to Land office. 3. Every such applicant shall give to such Assistant Commis- Applicant to send sioner the best practicable written description of the plot of land place and descripover which the privilege is sought, after having located the same, together with a proper plan or diagram thereof showing the position of the boundary posts to be set up by the applicant in and upon the land, and by stating in the description any other land marks of a noticeable character; and such application and plans shall be in duplicate, one of which shall be filed of record in the office of the Assistant Commissioner at the time of its being received by him, and the other transmitted forthwith by the said Assistant Commissioner to the Chief Commissioner of Lands and Works, and retained by him for general reference. 4. Every piece of land sought to be acquired under the provisions Shape of land. of this Ordinance shall, save as hereinafter mentioned, be of a rec tangular shape, and the shortest line thereof shall be at least two thirds the length of the longest line. A.D. 1869. 5. Where the land sought to be acquired is in whole or in part bounded by mountains, rocks, lakes, swamps, or the margin of a may be adopted in river, or by other natural boundaries, then such natural boundaries Natural boundaries certain cases. Lines of adjacent claims may be adopted. Enclosed spaces may be adopted, notwithstanding any irregularity of shape. Application for prospecting licence. On proof of requisites, prospecting licence to issue. Extension thereof. Quantity of land may be adopted as the boundaries of the land sought to be acquired, and in such case it shall be sufficient for the claimant to show to the satisfaction of the Assistant Commissioner of the district that the said form conforms as nearly as circumstances permit to the provisions of this Ordinance. 6. If the land sought to be acquired be bounded by land already held under this Ordinance, the line of such land may be adopted by the person so seeking to acquire, notwithstanding any irregularity in such line, which may have been occasioned by the adoption of a natural boundary by the claimant of the adjacent land. 7. Where a piece of land is partially or entirely enclosed between two or more claims, the claimant may acquire such enclosed piece, notwithstanding any irregularity of form or disproportion in length of any of the sides. 8. No applicant shall be entitled to receive a prospecting licence until he shall have proved to the satisfaction of the said Assistant Commissioner, that before making such application he has caused a written or printed notice of his intention to apply for such a licence to be posted on some conspicuous part of the land applied for by him, and of any adjacent (if any) sett or mining claim, and on the court house of the district (if any) for fourteen clear days, or if the ground applied for, or any part thereof, has been previously recorded then for one calendar month previous to his application, and that no valid opposition to his claim has been substantiated before the said Assistant Commissioner, as hereinafter mentioned. 9. Such Assistant Commissioner is hereby empowered and required, upon receiving satisfactory proof of the said applicant having complied with the preliminary requirements in that behalf hereinbefore contained, to grant to such applicant a prospecting licence as aforesaid. 10. Every applicant, upon proving to the satisfaction of such Assistant Commissioner that he has bonâ fide explored and worked for coal or other minerals, as the case may be, during the said term of two years, shall be entitled to an extension of the said term for the second period of one year, and such further time as the Governor shall think fit. 11. A prospecting licence may include within the general limits Included in licence. therein defined, the following quantities of mineral land, that is to say : (1.) In the case of a prospecting licence for any other minerals than coal or gold, not exceeding one hundred acres to each individual applicant, or five hundred acres to any association or company consisting of not less than ten persons. A. D. 1869. Out of the above lands the licensee may, at or before the expiration Licensee may select of such licence, or of any prolongation thereof, select for purchase land for crown the portion of mineral land to be included in a crown grant, as here inafter mentioned. grant. 12. Such licence may be in the form marked B in the schedule Powers of licensee. hereto (which schedule is hereby made part of this Ordinance), and shall include full and exclusive power and authority to search for, raise, get, make merchantable, and sell for the use of the licensee, all metals and minerals in such licence specified, and none other, within the prescribed limits, to make and erect the necessary roads, works and buildings, for profitably or conveniently carrying on the mining operations therein; with a power to the licensee, at or before the expiration of such licence, or any prolongation thereof, upon compliance with the terms and conditions in this Ordinance contained, to claim a crown grant of such portion of the mineral land included in his licence, as is hereinafter in that behalf more particularly described. 13. The interest of every licensee under this Ordinance shall be deemed to have absolutely ceased and determined on the expiration or other sooner determination of his licence, or any prolongation thereof, unless he shall have prior to such expiration or determination made application for a crown grant, as herein provided; and on such expiration or determination a new prospecting licence over the same mineral land, or any part thereof, may be made to any new applicant entering into possession, and complying with the requirements of this Ordinance. 14. Every person, association, or company, lawfully holding a prospecting licence under this Ordinance, and complying with its provisions, shall until the determination of such his or their holding, and for the purpose of more effectually carrying on mining operations on the premises, be entitled to the free use, without compensation, of a reasonable quantity of any unoccupied and unappropriated stone, sand, lime, and timber which may be on the premises included in such licence, and may erect such buildings and machinery, and make and use such roads and works, within such limits, as he shall find necessary for the profitable conduct of his or their mining operations, On expiry of licence land open to new comers. Licensee may use stone, sand, lime, and timber. 15. In case of any dispute, the right or title to or in a prospecting Priority of record licence, and the possession of any claim or privilege under this Ordi- priority of right. nance, will be recognized according to the priority of record or A.D. 1869. Quantity of land in crown grant. Saving of right to make any public roads over lands derived from the Crown. Quantity of land in crown grant. Preliminaries to crown grant. registration with the Assistant Commissioner, subject to any question which may be raised as to the validity of the record itself. 16. The quantity of mineral land for coal mining to be granted to any licensee duly applying for a crown grant, and fulfilling the conditions hereinafter in that behalf more particularly mentioned, will be for each association or company of ten or more persons not exceeding one thousand acres, selected out of the premises included in such licence. 17. Provided that nothing herein contained shall be deemed or taken to limit or affect the right of the said Chief Commissioner, acting on behalf of the Crown, to lay out and make public highways in or over such intermediate lands or waters aforesaid, or other lands, whenever it shall be deemed for the public interest to create, alter, or maintain public highways, or to vary the same, through lands derived from the Crown. 18. The quantity of mineral land to be granted for mining for all metals and minerals, other than coal and gold, to any licensee duly applying for a crown grant, and fulfilling the conditions hereinafter in that behalf more particularly mentioned, shall, for each indi vidual applicant, not exceed three chains long by two chains wide; and for each association or company of ten persons shall not exceed thirty chains long by six chains wide. 19. Before any such crown grant shall issue, the licensee applying for the same shall (a.) Leave with the said Assistant Commissioner of Lands and Works, and post on a conspicuous part of the premises sought for, and on the court house of the said district, if any, for at least two calendar months previous to the record of his application for such crown grant, and prior to the expiration of the term included in his licence, or any prolongation thereof, a notice of his intention to apply for such crown grant, with a diagram of the premises; and shall, for the same space, pablish such notice in the Government Gazette and a newspaper published nearest to the said mine and premises: (b.) The said Assistant Commissioner shall thereupon post such notice in his office for a period of two calendar months: (c.) The said Assistant Commissioner shall (if no adverse claim be filed with him, or if filed shall have been finally decided) give a certificate to such licensee to that effect: (d.) Upon the application of the licensee, and delivery of such certificate, the Chief Commissioner of Lands and Works and |